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Road traffic accident case reopened following advice of German courts

View profile for Cecilia Frodsham
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Road traffic accident case reopened following advice of German courts

Being involved in any accident can be extremely stressful and upsetting but perhaps even more so when the accident has taken place abroad.

We act for a number of clients who have been involved in accidents abroad. Whether that be through slipping on a wet hotel floor or falling in the grounds of a hotel or even being involved in a road accident while driving across Europe. In fact there are many clients who enjoy European motorbike holidays and unfortunately these holidays can sometimes be tarnished by being involved in a road accident.

We are currently acting for a client who was involved in a road traffic accident in Germany in 2016. At the time of the accident our client was riding his motorbike and was aware of an oncoming vehicle which appeared to be encroaching onto his side of the road. As such, the client attempted to swerve to avoid a collision but was unsuccessful in doing so and both vehicles collided.

The other driver – the defendant – was driving a foreign registered vehicle and following the disclosure of a German police report, the foreign insurers denied liability on the grounds that it was our client who lost control of his vehicle resulting in a collision. It was decided that there were insufficient prospects in light of this evidence and the case was closed.

However, our client’s insurers continued to pursue the matter because they wanted to recover the costs incurred in respect of the client’s vehicle damage and they instructed foreign agents to act on their behalf. The case proceeded through the German courts and in the interests of economics, the German Court recommended that the case be settled on a 50/50 basis.

This is fantastic news for our client as now, due to the advice of the Court, the case can be re-opened and we can seek to recover compensation for the injuries sustained. We will now proceed to obtain medical evidence and will then progress to obtain our client a settlement which will be assessed based on 50% of the value of the claim.

If you have been involved in a road accident abroad or sustained a personal injury abroad, please do not hesitate to contact one of our dedicated solicitors who will be more than happy to assist on 0175 321 6399.

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